Welcome to MyForce! We look forward to having you as a client and providing the MyForce Service to enhance your safety or the safety of a loved one. 1. Governing Agreements. By creating an account on the MyForce System, you agree to be bound by the following terms and conditions ("Payment Terms") with respect to all aspects of your Billing Account (as defined below), including each membership established under your account. Additionally, use of the MyForce Service is governed by the MyForce End User Service and License Agreement ( End User Agreement ), and the MyForce Privacy Policy applies to all information obtained through the MyForce System or website. MyForce, at its sole discretion, reserves the right to change, update or revise any of the governing agreements in accordance with the terms of the End User Agreement. Capitalized terms are defined below or in the End User Agreement. 2. Eligibility. To purchase a MyForce membership, you must be: (a) a resident within the Service Area (as defined in the End User Agreement), (b) legally capable of entering into a binding contract, and (c) at least 18 years of age. If you meet those requirements, you may also purchase a MyForce membership for any other person who is a resident within the Service Area and at least 13 years of age ( Gift Membership ). 3. Billing Account. You will need to establish and maintain an account with valid credit card information for Visa, MasterCard, American Express, or Discover to satisfy charges related to the MyForce membership(s) created under your account ( Billing Account ). Your billing and credit card information will be transmitted to, stored and maintained by PayPal. Each payment will be processed on the PayPal credit card processing platform. You do not need to have a separate PayPal account to facilitate payment. You may update the credit card associated with your Billing Account at any time provided the new credit card meets the requirements provided herein. By establishing a Billing Account, you hereby acknowledge and agree that: (i) you are a legal owner of the credit card to be charged upon payment, and you have full authority to authorize payments related to the MyForce Service; (ii) MyForce may automatically charge the Billing Account for fees and charges that arise in connection with the MyForce Service in accordance with the terms set forth in the End User Agreement and those provided herein; (iii) you will ensure that the credit card and other information that is requested as part of your Billing Account is current and accurate while the Billing Account remains active; (iv) MyForce is not liable for any penalties, overdrafts, over the limit or other charges resulting from your failure to maintain sufficient funds or credit to satisfy fees and other charges associated with the MyForce Service; and (v) MyForce is authorized to maintain account information concerning your Billing Account and update your credit card information from applicable services provided by the Payment Card Industry (e.g., VISA's Account Updater or MasterCard's Automatic Billing Updater programs) in order to keep that payment information current. 4. Declined Credit Card Payments. If the credit card associated with your Billing Account is declined for any reason, MyForce will provide you notice via email notification to the email address you have established for your Billing Account. You will have ten (10) days from the date of notification to provide a valid and acceptable form of payment to avoid cancellation of the MyForce Service. During that period, MyForce may attempt to charge the Billing Account to collect payment for past due fees and charges. If payment is not received within fifteen (15) days from the email notification, the past due membership will be indefinitely suspended and the MyForce Service will no longer work. If payment is collected during that period, your Renewal Date (as defined below) will not be affected by the delay in payment and will remain as of the date of email notification rather than the date of payment. 5. Membership Fees. The MyForce Service is available as either a monthly, annual or multi year membership. Membership fees may change from time to time. The day after any applicable free trial ends, your credit card will be charged the total fee based on the selected subscription plan and number of memberships. For billing purposes, your activation date ("Activation Date") of any particular MyForce membership is the first day of your billing cycle when your Billing Account is charged the membership fee, which may be after a free trial period. Any delay in activating the MyForce Service will not postpone the Activation Date. 1
All membership fees will be collected in U.S. dollars. If you reside outside the United States, the credit card processor may covert the membership fee into the applicable local currency. The current MyForce standard pricing is set forth below: Monthly Plan Annual Plan Three Year Plan Discounted Additional Memberships $14.99/member/month $149.99/member/year $359.97/member/3 years $99.99/member/year Discounted pricing for additional memberships is only available under the same billing account for annual and multi year plans. Once you have purchased one or more MyForce memberships, you will be able to log into your Account Summary through the MyForce website to view information on each membership associated with your account. The renewal date of each membership will be the day following the last day of the subscription period ( Renewal Date ). For example, the Renewal Date for an annual membership will be 365 days after the Activation Date. All membership fees for the MyForce Service shall be due and payable on the Renewal Date in advance of services provided. Any fees you pay for a MyForce membership are exclusive of any federal, state, municipal or other local taxes, as well as any other fees and service charges that could be imposed by a third party entity ( Applicable Taxes ). To the extent that any Applicable Taxes apply to your purchase, you agree to pay the Applicable Taxes directly to the governmental or other agency imposing such charge. 6. Subscription Renewal. PAYMENT FOR EACH MEMBERSHIP (INCLUDING GIFT MEMBERSHIPS) WILL AUTOMATICALLY RECUR FOR ANOTHER PERIOD ON THE RENEWAL DATE UNLESS YOU CANCEL THE SERVICE IN ADVANCE OF THE RENEWAL DATE. If you purchased a monthly subscription, your account will renew monthly. If you purchased an annual or multi year subscription, your account will renew annually after the initial term. Thirty (30) days prior to your renewal, a payment reminder will be emailed to you at the email address established in your MyForce account. On the Renewal Date, MyForce will charge the Billing Account the applicable membership fee for the renewal period, which may be different from your original membership fee (see Renewal Pricing in Section 7). 7. Renewal Pricing. You may be able to take advantage of a promotion or offer that provides a reduced membership fee. A promotion or offer may provide the discount for the initial subscription period only or for the life of the membership. If the promotion code provides a discount only for the initial subscription period, the price for renewal periods will be at the normal rates published on the MyForce website. If you purchase a multi year membership, you will prepay all membership fees for the initial period, and thereafter your account will renew annually at the then current annual membership fee (unless you are otherwise eligible for a discounted annual fee). Any changes to membership fees (including applicable promotions, discounts, gift card credits, fee increases or decreases, etc.) will not apply retroactively or to the remainder of a current subscription, but rather will apply only to future renewal periods. 8. Gift Memberships. You may purchase a Gift Membership to allow someone else to use the MyForce Service by assigning the membership to a recipient ("Recipient"), provided that the Recipient is at least 13 years of age and a resident within the Service Area. Once the Recipient activates the MyForce Service, the membership cannot be transferred to another person. You will be financially responsible for all aspects of the Gift Membership and your Billing Account will be automatically charged all applicable membership fees and other charges as such become due until you cancel the membership. As the account holder, only you will be able to cancel the Recipient s membership for future renewal periods. Except to the extent required by law or as provided in Section 11, you will not be entitled to a refund or credit for any reason once you have purchased the Gift Membership, including but not limited to those situations where the Recipient does not have a compatible mobile phone or fails to activate the MyForce Service. In such situations, you may transfer the Gift Membership to another Recipient. A Recipient may redeem their Gift Memberships at any time; however, the subscription period begins on the Activation Date, which is the date that you purchase the membership. 2
You will need to provide the Recipient s first and last name, email address, and mobile phone number. It is your responsibility to ensure that the Recipient s information is accurate and that he/she has a compatible smartphone (see the MyForce website or contact the MyForce customer service department for a current list of compatible smartphones). A welcome email will be sent to the email address you provide for the Recipient with instruction on how to activate the MyForce Service. To use the MyForce Service, the Recipient must: (a) have a compatible smartphone, (b) provide all required profile information requested during registration (including, but not limited to contact information, physical description, date of birth, and at least one emergency contact), (c) agree to the End User Agreement, and (d) download the MyForce app to activate the MyForce Service. You will only be able to view summary information concerning the Gift Membership through your Account Summary page, including the basic information you provided on the account (Recipient s name, email and mobile phone number), the status of the account (active or inactive), and Renewal Date. PRIVACY NOTICE: You will not be able to view the profile information of the Recipient, and the Recipient will not be able to view your Billing Account information. 9. Promotions. MyForce may offer from time to time various promotions of the MyForce Service for a reduced membership fee ( Promotional Offers ). MyForce reserves the right to make available a Promotional Offer to a specific audience, to individuals with a particular affiliation, or for limited subscription plans (e.g., annual or multi year). You may not be eligible for a particular or any Promotional Offer(s). MyForce reserves the right to discontinue Promotional Offers at any time without notice. If you are an existing member, you may become eligible for a specific Promotional Offer; however, the Promotional Offer will only apply to future renewal periods. Recipients of a Gift Membership cannot take advantage of current or future Promotional Offers; however, the purchaser of the Gift Membership may be able to use the promotion code and apply it to the Gift Membership. 10. Free Trial. MyForce may offer a one time, free trial to new members for a limited time, providing the user with the MyForce Service for no charge during the designated trial period ("Free Trial"). The length of a Free Trial period may vary. In order to participate in a Free Trial, the purchaser must establish a valid Billing Account on the MyForce System. Unless you cancel the membership prior to the end of the designated Free Trial period, the Billing Account will be charged the applicable membership fee at the end of the Free Trial period and on each future Renewal Date until the membership is cancelled. For billing purposes, the Activation Date will be the day after the Free Trial ends. Unless otherwise stated in the applicable Free Trial offer, you are not eligible to receive a Free Trial if you are a current MyForce member or have previously participated in a Free Trial. Even though no membership fee is assessed during the Free Trial, the MyForce End User Agreement, Privacy Policy and these Payment Terms apply to the use of the MyForce Service and the Billing Account. 11. Refund Policy. Unless otherwise required by applicable law, the following terms shall govern any refund to which you may be entitled. Direct Billing Accounts. If you have established a Billing Account on the MyForce System, you have the right to rescind these Payment Terms and receive a full refund of your payment for the current subscription period if you contact MyForce customer support at (866) 377 3677 within seven (7) days of your payment. Payments for previous subscription periods are not refundable. Your refund will be credited to the Billing Account established by you within thirty (30) days from your notice of cancellation. If you cancel within the seven day period, your access to the subscription will be terminated immediately. If you provide notice of cancellation more than seven (7) days after your payment, you will not be eligible for a refund (in whole or in part) and your membership shall continue through the paid for period. MyForce does not provide prorated refunds. Third party Billing Accounts. If your payment for the MyForce Service is processed through a third party (e.g., itunes App Store SM, channel partner, or authorized dealer), you will not be entitled to a refund from MyForce. To find out if you are entitled to a refund you must contact the third party directly. The refund policies of the third party will apply to your payment. 3
12. Cancellation. You may cancel any or all of your MyForce memberships associated with your Billing Account at any time by contacting our customer service department at (866) 377 3677. Once a membership is cancelled, MyForce will continue to provide the MyForce Service through the end of the paid for subscription period. For those memberships that are cancelled, you will not be charged a membership fee for future renewal periods. 13. Notices and Contact Information. For any notices that are required or permitted under the End User Agreement or these Terms of Payment, you may contact MyForce, Inc. via email at legal@myforce.com with LEGAL NOTICE in the subject line or via mail at MyForce, Inc., Attn: Legal Department, P.O. Box 100352, Denver, Colorado 80250 0352. If your inquiry is not legal in nature, you may contact the MyForce customer service department at (866) 377 3677. 14. Allocation of Risk. READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. Limitation of Liability. SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL A SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COST OF PROCURING SUBSTITUTE SERVICES, DAMAGE TO REPUTATION, LOST PROFITS, LOSSES, OR OTHER EXPENSES) ARISING IN CONNECTION WITH THE PROVISION OR USE OF THE MYFORCE SERVICE, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON FRAUD, MISREPRESENTATION, CONTRACT, TORT (WHETHER INTENTIONAL OR BASED ON NEGLIGENCE, GROSS NEGLIGENCE OR RECKLESSNESS), PERSONAL INJURY, DEATH, INVASION OF PRIVACY, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE, OR WHETHER THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, CLAIMS RELATED TO: (i) THE UNAVAILABILITY OF THE MYFORCE SYSTEM AND/OR MYFORCE APP, (ii) UNAUTHORIZED ACCESS TO THE MYFORCE APP, MYFORCE SYSTEM OR YOUR PERSONAL INFORMATION, (iii) ANY ERROR, OMISSION OR FAILURE OF PERFORMANCE, (iv) ANY SYSTEM FAILURE, INCLUDING THOSE RESULTING IN INTERRUPTION, DEFECT, OR DELAY IN OPERATION, TRANSMISSION, OR EMERGENCY NOTIFICATION, AND (v) ANY VIRUS AFFECTING THE MYFORCE SYSTEM, MYFORCE APP, YOUR COMPUTER, OR YOUR MOBILE DEVICE. IF YOU ARE DISSATISFIED WITH THE MYFORCE SERVICE FOR ANY REASON, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE MYFORCE SERVICE AND CANCEL THE MEMBERSHIP. YOU AGREE THAT THE AGGREGATE AND COLLECTIVE MAXIMUM LIABILITY OF ALL SERVICE PROVIDERS TO YOU BASED ON ANY LEGAL THEORY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF $2,000 USD AND THE CHARGES PAID BY YOU FOR THE MYFORCE SERVICE THROUGH THE DATE OF THE OCCURRENCE GIVING RISE TO THE CLAIM. YOU WAIVE ALL RIGHTS OF SUBROGATION OR ANY OTHER RIGHT OF RECOVERY AGAINST MYFORCE AND ANY OTHER SERVICE PROVIDER THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR ANY LOSS OR INJURY TO ANY PERSON. IN ADDITION, YOU AGREE THAT YOU SHALL NOT BRING ANY CLAIM OR ACTION AGAINST ANY SERVICE PROVIDER ARISING FROM YOUR USE OF THE MYFORCE SERVICE. Conflicting Law. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, CERTAIN LIMITATIONS OR EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. Reliance on Limitations. You acknowledge that MyForce has set its prices and entered into this Terms of Payment in reliance upon the limitations and disclaimers of liability, damages, and warranties set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation, exclusions of liability, and disclaimers set forth herein will survive termination and apply even if found to have failed their essential purpose. 15. Dispute Resolution. READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. AS SET FORTH BELOW, YOU UNDERSTAND AND KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND MYFORCE ARE: (1) WAIVING THE RIGHT TO A TRIAL BY JURY, (2) SUBMITTING ANY UNRESOLVED DISPUTE TO BINDING ARBITRATION, AND (3) WAIVING THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN ANY CLASS ACTION PROCEEDING. 4
Dispute Defined. This section shall apply to any dispute, claim, or controversy between you and MyForce or any Service Providers (or any of their respective successors, assigns, or heirs) in any way related to or arising out of the provision or use of the MyForce Service or your Personal Information and any other matter related to, governed by, or arising out of any Governing Agreement, whether based in contract, tort or otherwise or brought individually, jointly or as part of a class ( Dispute ). A Dispute shall also include any issue related to the enforceability or applicability of any provision of this Section 15. Good Faith Negotiations. To the extent permitted by law, you and MyForce agree to attempt to resolve any Dispute that might arise by first discussing the relevant issues in good faith without the intervention of third parties. Governing Law. You and MyForce agree that any Dispute shall be governed and resolved by applying the substantive laws of the State of Colorado and the United States without regard to conflict of laws principles. Binding Arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MYFORCE HEREBY AGREE THAT ANY DISPUTE (AS DEFINED ABOVE) THAT CANNOT BE RESOLVED THROUGH INFORMAL NEGOTIATIONS BETWEEN THE PARTIES SHALL BE FINALLY RESOLVED BY CONFIDENTIAL, BINDING, NON APPEALABLE, AND ENFORCEABLE ARBITRATION. THE DISPUTE SHALL BE BROUGHT BEFORE THE AMERICAN ARBITRATION ASSOCIATION ( AAA ) LOCATED IN DENVER, COLORADO UNDER THE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. YOUR RIGHTS SHALL BE FINALLY RESOLVED BY ONE OR MORE NEUTRAL ARBITRATOR(S) (NOT A JUDGE OR JURY), WHOSE DECISION WILL BE AS ENFORCEABLE AS A COURT ORDER AND SUBJECT TO VERY LIMITED REVIEW, IF ANY, BY A COURT. YOU AND MYFORCE AGREE TO GIVE UP THE RIGHT TO LITIGATE ANY DISPUTE IN COURT IN FRONT OF A JUDGE OR JURY. MORE INFORMATION CONCERNING ARBITRATION AND THE PROCEDURE TO FILE A CLAIM CAN BE FOUND ON THE AAA WEBSITE (www.adr.org) OR BY CALLING 1(800)778 7879. Alternative Jurisdiction and Venue. If the arbitration requirements of the above section are held to be invalid by a court of competent jurisdiction or do not apply for any other reason, YOU AND MYFORCE AGREE TO WAIVE ANY TRIAL BY JURY and to submit to the exclusive jurisdiction, including in personam jurisdiction, and venue of the appropriate state or federal court located in Denver, Colorado, USA for any and all Disputes. Class Action Waiver. YOU AND MYFORCE AGREE TO WAIVE THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN ANY CLASS ACTION PROCEEDING IN ANY WAY RELATED TO THE MYFORCE SERVICE. You and MyForce agree that any proceedings to resolve any Dispute, whether in arbitration, court, or otherwise, will be conducted solely on an individual basis, and that neither you nor MyForce will seek to have any Dispute heard as a class action, representative action, collective action, private attorney general action, or in any proceeding in which you or MyForce acts or proposes to act in a representative capacity or in which a third party brings an action on behalf of you or MyForce. You and MyForce further agree that no arbitration or judicial proceeding will be joined, consolidated, or combined with another arbitration or judicial proceeding without the prior written consent of you, MyForce and any other parties to any such arbitration or judicial proceeding. Limitation of Actions. To the extent permitted by applicable law, you and MyForce agree that any Dispute must be filed in an appropriate forum (through arbitration or, if disallowed, in court) within one year from the earliest date when the Dispute first could be filed; and thereafter, such cause of action shall be permanently barred. MyForce Terms of Payment v.2013.2 Copyright 2010 2013 MyForce, Inc. All rights reserved. http://www.myforce.com/payment.pdf Contact: legal@myforce.com Effective September 1, 2013 5